murder

Question 1

what is murder defined as

Answer 1

• described by lord coke

murder is the unlawful killing of a reasonable person in being and under the Kings queens peace with malie aforethought, express or implied

Question 2

what has to be proved for the actus reus of murder

Answer 2

• defendeant killed
• a reasonable creature in being
• under the kings peace and
• the killing was unlawful

Question 3

what case is used to show that omission can make a person liable for murder

Answer 3

• r v gibbins and proctor
• failure to feed 7 year old girl, enough for actus reus of murder

Question 4

what is said about foetus’s for murder

Answer 4

• if the foetus is injured and the child is born alive but dies later because of the injruies then that is enough to satisfy actus reus

Question 5

what killings arent seen as law ful

Answer 5

• self defence
• in defence of another

Question 6

what is the mens rea of murder

Answer 6

• malice aforethought, expressed or implied

Question 7

what case described expressed or implied

Answer 7

• Case DPP v Smith described expresesed or implied as intentiion to cause death or GBH

Question 8

what is expressed malice aforethought

Answer 8

intention to kill

Question 9

what is implied malice aforethought

Answer 9

intention to cause grevious bodily harm

Question 10

what case decided that a person could be guilty of murder even if they didnt intend to kill

Answer 10

r v vickers

vickers broke into a shop and attacked the elderly owner, causing her death. Vickers claimed he did not intend to kill but only intended to steal.

The case established that an intention to cause serious harm is sufficient for a murder conviction, even if the defendant did not specifically intend to kill.